Requirements for the Removal of Structures

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When KDOT buys structures for highway projects, there are specific requirements for their removal. Not all requirements apply to every structure, and additional requirements may exist. Specific requirements for each structure will be available at the auction inspection, during the auction, and attached to the performance bond. You can also request a copy by calling KDOT Property Management at 1-877-461-6817. Following is a description of the generally used requirements for the removal of structures: 

Performance Bond 

The landowner or successful bidder must post a performance bond, usually up to $4,000, to make sure the removal requirements are met by the specified date. If items are not removed by this date, they become KDOT property, and the bond is forfeited to cover cleanup costs. Any remaining funds go to KDOT's general fund. 

Use and Occupancy 

The structure cannot be used or occupied during the removal process, except by the landowner as per their relocation agreement. The area must be fenced off with posts and orange snow fencing, with posts no more than 10 feet apart, until the basement is filled. 

Completion Date 

The completion date for removal will be in the auction notice and performance bond. Extensions may be requested but are limited and granted case by case. Failure to meet the deadline may result in forfeiture of the bond. 

Foundation and Concrete Items 

Foundation walls and slabs must be broken up and buried at least two feet below ground or removed from the site. The basement must be filled in a timely manner to grade level with off-site backfill material to prevent settling and accommodate proper drainage. No areas of water pooling  may be left on the site. No wood, trees, or debris can be used as fill. If it is necessary to cut down surrounding trees, the stumps must be at least two feet above grade level. An exception would be if the structure must be driven through the area where the tree(s) stood. Concrete items like sidewalks and driveways must also be buried at least two feet below ground or removed from the site. 

Miscellaneous Items 

All miscellaneous items, such as porches, decks, and debris must be removed by the retaining landowner or purchaser. 

Septic Tanks, Sewers, and Utilities 

Septic tanks must be pumped out and either collapsed, removed, or filled with sand, depending on local requirements. The area must be filled in a timely manner to grade level with off-site material. Documentation of the septic tank's removal or collapse must be provided to KDOT. The documentation of certification may be from a licensed septic installer. If the retaining landowner or purchaser intends on collapsing the tank themself, they may be required to contact the local health or zoning department and request an agent to be present to inspect the completion of the task and provide documentation that it’s been completed. Utilities must be turned off and disconnected, and sewer and water lines capped according to local codes. 

Final Inspection 

KDOT will conduct a final inspection to make sure all requirements are met before releasing the performance bond.